Botox Injury Lawyer in Dallas

Advisories before taking Botox

In May 2002, the American Society for Aesthetic Plastic Surgery (ASAPS) expressed their concerns regarding Botox injections. ASAPS recommends that any Botox patients be asked the following, before receiving treatment:

• Did you provide a complete medical history?
• Were you advised on alternative treatments?
• Were you advised of the risks?
• Is a qualified physician administering the treatment?
• Is the place where you are receiving the Botox injection an appropriate setting- could it handle any emergency situations that might arise?
• Can you follow post treatment instructions?
• Will you receive adequate follow-up care?

Surprisingly, Botox was never approved by the FDA cosmetically for frown lines above the eyebrows- or crow’s feet or laugh lines. Botox, or botulinum toxin, after being injected in one area of the body, can migrate to other areas of the body- affecting functions such as breathing and swallowing.

When You Shouldn’t Take Botox

Botox should not be taken if a prospective patient is allergic to any ingredients in Botox or if an individual is allergic to another botulinum toxin brand. Other reasons not take Botox include:

• If you have a skin infection in the injuection area
• Have ALS (Lou Gehrig’s disease), myasthenia gravis, Lambert-Eaton syndrome or other muscle or nerve disease
• If you have breathing problems such as asthma
• If you have difficulty swallowing
• If you have bleeding problems
• If you have had facial surgery
• If you plan to undergo facial surgery
• If you have weakness in your forehead muscles
• If you have drooping eyelids
• If you have recently taken certain medications or supplements

A female doctor was recently awarded $15 million after a jury determined that Allergen had been negligent. In the words of the doctor, “Hopefully, now people will wake up to the real dangers.” The doctor said that after she had received injections of 50 units of Botox Cosmetic, the pain and weakness she experienced afterwards forced her to sell her medical practice and resign.

After this case, warnings have been placed on Botox boxes that say that side effects could include: “loss of strength and all-over muscle weakness, double vision, blurred vision and drooping eyelids, hoarseness or change or loss of voice, trouble saying words clearly, loss of bladder control, trouble breathing, and trouble swallowing, among other side effects.”

When can you file a lawsuit against Allergen?

According to Public Citizen, Allergen has reported 180 cases of people developing life-threatening conditions after receiving injections of Botox, including 16 deaths. It also said that between 1997 and 2006, there were 658 reports of people suffering adverse effects from Botox. Of these, 180 has aspirated fluid into their lungs and 87 had to be hospitalized. If Allergen was negligent, breached warranty or if it simply can be proven that the symptoms you experienced are directly linked to the Botox injections you received, the company can be held liable (known as a strict liability case).

A negligence lawsuit examines if reasonable care was exercised by a manufacturer, whereas a breach of liability lawsuit shows that expressed and implied warranties were broken. In a strict liability case all that has to be shown is that a product was defective, the defect existed prior to the manufacturer releasing the product and that the defect caused the victim harm. If any design defects, manufacturing defects, or “failure to warn” defects can be found, you have a case. Call Zinda Law Group today to consult our Dallas Personal Injury Lawyers to see if you have a legitimate case on your hands and to learn how we can help you fight for a successful settlement!